Citation

Spader DJ. J. Crim. Justice 1987; 15(2): 121-136.

Copyright

(Copyright © 1987, Elsevier Publishing)

DOI

10.1016/0047-2352(87)90029-8

PMID

unavailable

Abstract

Since Bentham and Kant, there has been an ongoing conflict between utilitarian and rights-based philosophies of government. However, most discussions of either perspective have been in the form of an advocacy that aggrandizes the positive values of one side and denigrates the negative values of the opposing side. There has been very little systematic analysis of the values protected by utility or the values protected by rights. Nor has there been a systematic analysis of the relationship between these values. This article maps the values underlying the two perspectives, analyzes their relationships, and argues that the utility/rights conflict is an essential and potentially productive conflict because both utility and rights protect fundamental, but limited, values that are necessary for the achievement of justice. Therefore, it is imperative to understand the values underlying both utility and rights.